United States v. E.T.H.

Defendant, originally adjudicated a juvenile delinquent for assault of a federal officer, appealed the district court's imposition of a combination of official detention and juvenile delinquent supervision following revocation of his prior supervision term. Defendant argues that the total combined term of detention and supervision exceeds the maximum possible term under the Federal Juvenile Delinquency Act (FJDA), 18 U.S.C. 5031 et seq. The court agreed and held that the maximum term of supervision that a court may impose under section 5037(d)(6) is determined by the requirements in section 5037(d)(2), using the juvenile's age at the time of the revocation hearing. As a result, the maximum total period of detention and supervision that may be imposed upon revocation of a previously imposed term of supervision for a juvenile who is under age 21 at the time of revocation is (i) 3 years, (ii) the top of the Guidelines range that would have applied to a similarly situated adult defendant unless the court finds an aggravating factor to warrant an upward departure, or (iii) the maximum term of imprisonment that would be authorized if the juvenile had been tried and convicted as an adult, whichever is least, "less the term of official detention ordered." Accordingly, the court reversed and remanded with instructions. View "United States v. E.T.H." on Justia Law